United States v. Turner, 52 U.S. 663 (1850)

U.S. Supreme Court

United States v. Turner, 52 U.S. 11 How. 663 663 (1850)

United States v. Turner

52 U.S. (11 How.) 663

Syllabus

The decision of this Court in the case of the United States v. King and Coxe, 3 How. 773, and 48 U. S. 7 How. 833, again affirmed, viz., that the contract between the Baron de Carondelet and the Marquis de Maison Rouge conveyed no interest in the land to Maison Rouge, but was merely intended to mark out by certain and definite boundaries the limits of the establishment which he was authorized to form.

The contract must be judged of according to the laws of Spain, but under those laws, whenever there was an intention to grant private property, words were always used which severed the property from the public domain.

The absence in this case of the royal order of 1795, and of all testimony respecting the genuineness of the certificate of survey by Trudeau makes no difference in the decision of the Court. The construction of the grant was the main point of that case, and is also of this.

Whether or not the instrument was a perfect and complete grant by the laws of Spain was a question for the court and not for the jury.

The case of the United States v. King and Coxe explained.

This was a petition filed in the district court by the appellees, who claimed a tract of land under the Maison Rouge grant.

The district court decided in favor of the petitioners, and the United States appealed to this Court.

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